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tv   [untitled]    January 25, 2013 4:00pm-4:30pm PST

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hiram, also. and then the next to you, that beautiful lady, gabrielle and my niece, kim. [ applause ] thank you. good afternoon. thank you for the opportunity to participate in this great milestone. i am happy to be here. st. anthony's has a special place in my heart, because it represents the vision of my late husband, joseph koret. joe was born in poverty. he -- his wish was for no one
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to go hungry in his beloved san francisco community. joe would have been so proud to support this wonderful building that will provide so much care for so many people in our city. for me, st. anthony's also represents the three c's. care, community, and continuity. i bring you many congratulations from all of the members of the board of directors of the koret foundation and our very best wishes for continued sucrose in -- success in the future. thank you. [ applause ]
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>> i saw merl and larry, if you want to join us. as we said, this building is complex. and it starts with the funding. it will get more complicated with the construction pretty soon, but it has really been an unbelievable group effort to pull together the different funders of this work. we heard about the koret's foundation amazing con tributionss and i know there have been so many amazing contributions on the st. anthony side. for an affordable housing project for this it takes incredible people and we start with hud, who supplied over $20 million to make this project possible. larry ferguson is here, the director of the hud 202 programs that gets the senior housing funds and an important thing to know about the hud 202 programs not only do they
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provide capital, but a rental subsidy. so seniors on social security, or even less income don't have to worry about whether they can make a $1,000 rent payment. they pay 30% of whatever they can pay and the federal government helps us make up the difference, so we can keep people housed. there are folks out there who understand why this is not such a great investment. so i want to take one second to tell you about this. we know there that we can save money to medicare and medicaid by housing seniors in this setting. so it's an unbelievable investment and one that i hope we'll keep on doing. [ applause ] i don't have time to thank you everybody at hud, but without your commitment to make these things real we couldn't get them done.
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we thanked the mayor, but the mayor's staff at the mayor's office of housing, one of the humblest public servants you will ever meet -- olson has been doing this i think since 1906. [ laughter ] olson has been doing this forever. and along with a lot of other people in the city, we not have the history of affordable housing in san francisco without olson lee. he has been tireless. he worked harder to make this happen than anyone that i know and committed than any human being i have met. i want to thank olson and the rest of the mayor's office of housing and the staff for their work on this sfwater. [ effort. >> [ applause ] >> again in the obscure world
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of affordable housing, leadership pelosi has been a huge champion with senator feinstein in preserving the program. we know we have a huge champion in you as we look at tax reform, we're confident that you will be with us on that issue. we get investors to buy the tax credits and that helps to pay for the building. it's a very complicated transaction and todd is here representing the foundation. they have brought in equity investment of over $1.2 billion. to give you a sense of how important they are and how important the program is. thank you.
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[ applause ] you know in san francisco, everything is green, but liz helps us go greener. and so they have provided an important pre-development grant to help us understand how to green this project and make them the most environmentally sustainability program. they are a huge partner with us nationally and with all the communities and the work that they do across the country. so thank you stephanie and liz. [ applause ] we have two different banking partners on this project that have combined to lend over $22 million to the construction loan on this project. citibank and silicon valley bank. merl is around. former mercy employee, also wonderful human being. merl is also hiding in the background because he is also humble.
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these two banks have been huge up the supporters of affordable housing over the years. [ applause ] silicon valley bank i think we want to mention also the silicon valley bank has been instrumental in helping us secure affordable housing program grant for this project from the federal home loan bank system and thank the federal home loan bank and anita adams and her staff and still con valley bank for making that possible. it's a huge grant and a huge part of closing the gap. so thank you. [ applause ] i have been given the inevitable task of thanking everyone. the department of health, they understood probably earlier than any other health department in the country that housing is health. and so they have been a huge
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part of the solution to homelessness in san francisco. here as they do in other buildings around the city, they are providing operating and service grants so that as people come into this building off the streets, we're able to help them stabilize, afford the housing that they are in and move on and reconstruct their live as tyrone mentioned. again i want to thank the department of public health. [ applause ] i'm almost there. we have lots of neighbors. if you have ever been next to a construction project, you want to make sure you thank your neighbors at the beginning. they may not want to hear your thanks, but the boyd hotel, st. boniface, hibernia bank, the academy, senior action network,
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san francisco action ministries, cc y, and tenderloin district and father harden. [ applause ] since i'm up here i want to thank the mercy staff. i think there are probably 25 mercy staff distributed throughout the crowd. we do everything together. no one person is responsible for any one project, but some who have played extraordinary roles in this project. i want to thank the mercy staff who did so much. last, but not least, nothing happens in san francisco without dedicated community advocates. for this building to be here for st. anthonies to be here and for the work that mercy does there are people over the years that make a commitment to making stuff happen. they are the voice in the back of the room and remining you
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over and over again that we have a commitment to make something better. mercy doesn't often name your buildings. sometimes they have glorious names like 122 golden gate, which was the name of this building up to now. it's very poetic. but we really wanted to do something to commemorate the incredible contribution the tenderloin community and we want to name this building after vera hale, who is here on stage. this building, once it's opened will be named the vera hale building. for over 20 years vera has been a tireless advocate around senior issues, around economic security issues. she has worked
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at curry senior center and i have a list of the boards and commissions she has served on. i will read them to you because it's a longer list i heard many in my life. advisory council to aging and adult services, the mayor's long-term care coordinating council, the san francisco interim support task force and coalition of agencies serve the elders, and i'm sure will there are a hundred other that vera sat on. the list of things that she has worked on goes on and on. to me vera symbolized what san francisco is about. her work and the community she fought so tirelessly for and on top of the dining hall, this corner will forever be st. anthony's dining hall, but the same piece that is mercy housing will be known as vera
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hale housing. [ applause ] so close. i have a long list. i'm on page 3 there is only seven more. [ laughter ] i'm kidding. i'm kidding. it does seem that way. i know. we want to thank our events sponsor, our general contractor. [ applause ] the hilton, citibank, banc of america, and barry will say more about them in a second. i'm sure i have forgotten something and i apologize in advance, but in the interest of time i will turn it over to barry. thank you. [ applause ] >> yes, to wrap this up here, two lendors on st. anthony's side, the low-income investment fund, nancy andrews is here and the bank of america elizabeth
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shooten, i believe is here and we want to thank them both. because st. anthony's helps the low-income housing fund get started back in the '90s, we were going to have nancy say just a word or two. nancy. [ applause ] >> thank you everyone and it's just fantastic to see so many san franciscans turn out for this groundbreaking. i am nancy andrews. i'm the president and ceo of the low-income investment fund. we are a san francisco-based community capital non-profit organization and our role in this project was to provide a $10 million allocation of new markets tax credits. you heard leader pelosi speak about the importance of this program. every year the new markets program provides billions of dollars to projects similar to this one. and it's a very important part of the fabric of what moves
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communities toward in today's worldful. we're incredibly proud to have had the chance to support this program, to support st. anthony's in providing meals, services and hope to san franciscans. but it's especially heartwarming to us to be able to collaborate and to bring housing and services together and the collaboration between mercy housing and st. anthony's. we would like to thank banc of america, who was our capital partner in the new markets program and again, we're simply thrilled to be part of this. it speaks perfectly to the vision that many of us share for how to move families and communities forward. i have to say that i for one, if this is what the groundbreaking is like, i am incredibly excited to go to the grand opening celebration. thank you all. [ applause ] >> thank you, nancy. i would like to make sure that we thank the staff of st.
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anthony's, who is here in force today. raise your hands and thank them. [ applause ] a couple of other grantors to st. anthony's, thanking jack fitzpatrick, who is here. stephanie and the koretfolks that have already been mentioned. we're actually going to do a groundbreaking. so i would ask those involved on that, that is everybody on the stage pretty much to start moving into the pit. so if you can stand up and start moving.
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>> welcome to the board of appeals meeting for january 16th, 20 . i have been notified that the interpreter is stuck in traffic and we'll have to move on to another case. i would like to see a show of hands for item no. 11, appeal no. 12-142, 2nd street merchants, versus department of public works bureau of street-use and mapping. and:00 no. 12, appeal no. 12-142, paawan kothari, doing business as the chai cart. >> anyone here for that item? >> perhaps they are out in the hall. >> let's give them a minute.
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president hwang, which case would you like to begin with? >> item 12. is anyone here for item no. 12, the chai cart? i guess we'll go with item no. 11. >> item no. 11, appeal no. 12-142, 2nd street merchants versus dpt of public works bureau of street-use and mapping. this is protesting the issuance on september 28th, 2012 to expresso subito llc mobile food facility sale of espresso drinks. this matter is on for rehearing
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today. this public hearing was held and closed on november 14th 2012 and at that time a motion to uphold the subject mobile food facility permit did not muster sufficient votes to pass the permit and was upheld by operation of law. we'll start with the attorney for the appellant. >> good afternoon, commissioners. i think i made four valid points in the briefing and i'm just going to highlight those quickly and yield the rest of my time to the merchants. the first point is the most salient point which is the due process issue. i think the applicant has admitted or has not disagreed that at least two locations, 301 sacramento street and 303 south sacramento street did not receive notice of the permit. and they sort of tried to distinguish between the notice of the permit and the notice of an appeal and i think those are two very separate issues. the public works code says that
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businesses within a 300' radius are entitled to receive notice of the permit. what is the use of giving a notice of appeal after everything is said and done? the second issue is i believe due to radius services mistake, the whole block was missed floatfication area and that is because radio services calculates notice the block using the assessor's block as opposed to what is stated in the public works code, which is the mid-point of the block face. can i just go to this overhead real quickly? okay. so where the x is where expresso subito did the 300' radius, but where the little star is the actual block face. so all the businesses down here were not notified and one business that dpw testified to was 101 2nd
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street and no one from that building received notice. the second point is that dpw testified if starbucks objected we most likely would have denied the parent and we have on record that starbucks did object to the permit. they have not withdrawn their objection and the fact that they are not taking an active part in this appeal does not mean they did not object to the permit. third, dpw has been misapplying the 300' radius. the order says 300' radius and public works code says [#350-7b8/]' radius and for them to use a 300' walking distance instead of an radius is an arbitrary and capricious application of law. the like foods argument, we just want dpw to get it right next time. they said starbucks sells like food within a 3 off and on' radius and the applicant agrees
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and let's get it right and say we're using our discretion and there is like foods within 300'. allison rowe, this is subito's truck, which they plan to move which is sidewalk service. it's odd that they accepted the permit that expressedly prohibits sidewalk service. two, making apples-to-apples comparisons to menus. three, in march, the hearing officer kevin day said there is a saturation in downtown already about coffee, and 41 was removed aored as a location because it's too dense our menu is almost exactly the same as subito's and all of my
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competitors, because we compete with each other. their discretion could not be exercised without a complete set of facts by dpw at the time of decision. 4, there is no bathroom for use. you can't handle money and food. that is part of the health code. it's a health hazard not to have a hand washing simpbetween cashiering and foodservice. the map show twos coffee vendors. subito admitted major disclosures and misled the city. the mobile food facility says the permit is valid om if the applicant has not misrepresented facts. >> jim patrick -- three
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things the bathroom, parking and side door on the truck. the bathroom has not been approved by the owner of the building as specifically sets out in the regulations in the law. the bathroom is not 200' from where the truck is. in fact, it's about a block and a half. you have to go half a block across the street and north half a block and up the stairs and back in the mezzanine and i viewed it today and i can tell you it's quite a ways. and there is no handicap path of travel to the bathroom, which is required. no way can the customers use it or the employees use it. no. 2 is parking. it's taking the last two spaces in this whole large two and a half block area of downtown. no parking. we need parking for customers. we don't need parking for coffee. no. 3 the side door, when you open the side door it will take 60% of the sidewalk. it's right in front of a restaurant. when the restaurant puts out their tables it takes up 40% of the table, 60 and 40 last time
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i checked was 100. where are the pedestrians in it's a problem. we have an illegal bathroom and we're losing the parking and side door operations make it impossible. this deal just doesn't pass muster and when it doesn't pass muster, you can't sell mustard. thank you. >> fill out a card, sir. >> hello, among the other reasons that restaurants is family-owned restaurant -- the problem that we have, i have a couple of points here. we sell coffee in the morning. two, there is always construction getting done there. and as you can see, there is only -- >> reference the overhead, if you want us to see something? >> so as you can see, this is our restaurant there. and there is only one lane there. that would be our problem. i mean, i don't see how that could be fixed.
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also we are already receiving enough competition, like allison said. we all sell the same thing. thank you. >> hi, my name is deb serials with serials markets. they claim that i wasn't within 300' and that the access to my location was on market street. in fact, we have never had access on market street. the access to our place is on 2nd and stevenson, a quarter block down, which is within 300'. in my lease it allows me to have a patio. i have a 1500-square-feet patio that i spent $75,000 building. it's exclusively for me and we're within 300'. we sell organic coffee. >> what is the name of your company? >> sellers markets. >> thank you. >> thank you. >>
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>> okay. >> >> i'm a private individual. >> >> my name is gary goldstein i'm the permit holdner this hearing. i first applied 16 months ago and i have spent over $100,000 on this business. i relied on dpw policy, which is part of the city policy. there is a specific language in the dpw guidelines which addresses the coffee truck as not to be considered like food outside of a diner. this hearing was triggered by radio omission which was no fault of mine. all partis were properly
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notified. i was parented by dpw in september and i have no revenue while having to maintain significant costs of over $1,000 a month and other overhead. the truck is my chance to make a living for my family and it's my only opportunity to have a livelihood. i have acted in good faith. please help me to epihold my permits. thank you. >> good evening my name is debbie cardigan with sedric farm. i am here to ask that you uphold espresso subjectee, but correct the typos and findings pointed out by the appellantment i have a whole thing written here. i have to say there were so many things that were said that weren't right by the appellants, i don't even know where to start, but i will start with due process.
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there is this whole issue whether due process was served and there is a question as my client pointed out, he didn't, but it was no fault of his own. radio service may have missed two addresses. two addresses. and those addresses [pwo-pblgs/] got notice of your first board of appeals hearing. this is not different than when you had your hearing on grumpis and off the grid, when grumpies said we didn't get notice because dpw didn't renotice when they switched locations. you took jurisdiction and heard it up uphold the permit with modifications. this is the same thing, a de novo hearing. starbucks hasn't been around in 15 months. they sent one email in november of 2011, saying they were concerned about ingress and egress. at this point they are nowhere to be found. i spoke with the regional vice
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president of starbuckss, a guy name david chu who said we don't want to be involved of we want to be neutral. we don't want to do anything more. we're neutral. we're staying out of it. doesn't sound like starbucks is particularly worried. it was just a question of ingress and egress. at this point the closest store to our truck location is 290 feet away. you have to cross a public street to get to a starbucks. yes, it's been 300', but as mr. kwong will tell you, it's just a factor that may be considered by dpw. there are lots of other factors that could be considered, including the fact that starbucks is a gigantic name-brand that people will go to no matter what. they have wi-fi and sell a full menu. in terms of like foods as my client has mentioned he make his living only with the sale of espresso drinks and coffee. if you look at the guidelines and this


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